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Afghanistan  

Veronica L. Taylor

Print publication date:
Sep 2019
Online publication date:
Oct 2019
This chapter addresses international law in Afghanistan. States where the ‘post-conflict’ period is, in fact, a series of continuing sub-national conflicts, are often coded as ‘failed’ or ... More

The Age of Development and Continuity, 12th–15th Centuries CE  

Marion Katz

Print publication date:
Nov 2018
Online publication date:
Oct 2015
This article examines the historical development and social and intellectual functioning of Islamic law in the twelfth through fifteenth centuries. In particular, it considers the ... More

Appellate Courts  

David Robertson

Print publication date:
Nov 2010
Online publication date:
Sep 2012
Subject:
Law, Legal System
This article discusses academic work in relation to appellate courts. It concentrates on characterizing and explaining judicial decision-making and winning on an appeal. Furthermore, it ... More

Australia  

Ben Saul

Print publication date:
Sep 2019
Online publication date:
Oct 2019
This chapter studies international law in Australia. As a former British colony, Australia received a Western and specifically British tradition of international law, which was initially ... More

Authority of the High Court of Australia  

Stephen Donaghue

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter considers both the foundations for, and the content of, the High Court's authority in Australia. It focuses principally on the current authority of the High Court, but with ... More

Bangladesh  

Kamal Hossain and Sharif Bhuiyan

Print publication date:
Sep 2019
Online publication date:
Oct 2019
This chapter focuses on international law in Bangladesh. Neither the Constitution of Bangladesh nor any statute contains any specific provision on domestic application of international law ... More

Blackstone  

John V. Orth

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England ... More

‘By The Light of The Moon’: Looking For China’s Rich Legal Tradition  

Tahirih V. Lee

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter begins with a brief overview of the foundations of the field of Chinese legal history. It then delves into questions of methodology and approach. Three such questions face the ... More

Cambodia  

Mahdev Mohan

Print publication date:
Sep 2019
Online publication date:
Oct 2019
This chapter studies international law in Cambodia. Cambodia’s evolving relationship with public international law must be understood in the context of the nation’s unique history and ... More

Central Asian States  

Marina Girshovich

Print publication date:
Sep 2019
Online publication date:
Oct 2019
This chapter describes the experiences of five Central Asian states—Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan—with international law over the past three decades, ... More

China  

Li Zhaojie

Print publication date:
Sep 2019
Online publication date:
Oct 2019
This chapter discusses international law in China. Although the teaching, research, and dissemination of international law have become part of China’s steady efforts to achieve its ... More

Citizenship  

Elisa Arcioni

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains ... More

Common Law  

William Gummow

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter considers the meaning of the term ‘common law’ and its application in the context of Australian federalism. It discusses some views on common law vis-à-vis the Constitution, ... More

Comparative Law and African Customary Law  

T. W. Bennett

Print publication date:
Mar 2019
Online publication date:
May 2019
Customary law grows out of the social practices which a given jural community has come to accept as obligatory. It is a pervasive normative order, providing the regulatory framework for ... More

Comparative Law and its Influence on National Legal Systems  

Jan M. Smits

Print publication date:
Mar 2019
Online publication date:
May 2019
This article assesses the scholarly state of affairs regarding the influence of comparative law in national systems. In so doing, emphasis is put on private law and constitutional law, as ... More

Comparative Law and the Islamic (Middle Eastern) Legal Culture  

Chibli Mallatt

Print publication date:
Mar 2019
Online publication date:
May 2019
This article examines comparative law in Islamic/Middle Eastern legal culture. The first section discusses the comparative framework in Islamic law and civilization. The second section ... More

Comparative Law and the Study of Mixed Legal Systems  

Jacques Du Plessis

Print publication date:
Mar 2019
Online publication date:
May 2019
Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a ... More

Comparative Law in Central and Eastern Europe  

Zdeněk Kühn

Print publication date:
Mar 2019
Online publication date:
May 2019
The region of Central and Eastern Europe covers many of the European nations east of Germany. The dominant nation of the region is Russia. Between Russia and Germany there are, first, a ... More

Constitutionalism  

Jeffrey Goldsworthy and Lisa Burton Crawford

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter explains how constitutionalism developed and how it currently operates in Australia. It first explains the historical developments whereby Australia combined elements of the ... More

The Court of Justice of the European Union  

Michal Bobek

Print publication date:
Jul 2015
Online publication date:
Mar 2015
The chapter introduces the Court of Justice of the EU by looking at five key elements defining the institution in a diachronic perspective: the structure of the Union courts located in ... More

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